Park Barn Farm, Wisley Common, Woking, Surrey, GU23 6QS

Planning appeal 3278555 at Park Barn Farm, Wisley Common, Woking, Surrey, GU23 6QS (Guildford Borough Council) was dismissed on 23 March 2023 by Inspector Jones R, by written representations. The main issue, as the Inspector framed it: Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the use of the land and buildings materially changed to use for ancillary residential purposes in connection with the three dwellinghouses at least ten years before 18 August 2010 and continued without material interruption for at least ten years thereafter to meet the immunity period from enforcement action under s171B(3) of the 1990 Act.

use of the land and buildings for ancillary residential purposes (Use Class C3) in connection with the lawful use of the three dwellinghouses

Authority: Guildford Borough Council
Appeal type: ldc · Lawful Development Certificate
Procedure: Written Representations
Development: residential · Change of use
Inspector: Jones R
Postcode: GU23 6QS

Main issues, as the Inspector framed them

Whether the Council's decision to refuse to issue a certificate of lawful use or development was well-founded, turning on whether the use of the land and buildings materially changed to use for ancillary residential purposes in connection with the three dwellinghouses at least ten years before 18 August 2010 and continued without material interruption for at least ten years thereafter to meet the immunity period from enforcement action under s171B(3) of the 1990 Act

What decided it

The appellants failed to demonstrate on the balance of probabilities that the land and buildings were used for ancillary residential purposes for a continuous ten-year period prior to 18 August 2010, as the evidence was either temporally insufficient or spatially imprecise.

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The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.